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Creditor Debt Dispute Resolution
Summary
In South Africa, if a creditor pursues a debt claim without legal standing, you can challenge it by highlighting lack of locus standi and previous case losses. If legal representation is unaffordable, request a court postponement citing financial constraints. Crowdfunding platforms like GoFundMe or BackaBuddy can help raise funds for legal expenses. Ensure transparency in crowdfunding to avoid legal issues. Courts generally consider postponement requests, especially when representation is unavailable.Full Conversation
My father has this creditor who has ever since covid related debt, rental arrears, refused to see my father`s capacity for repayment, the type of schedule my father can afford, he simply refused. He had my father along with me and my mom evicted, he had my father sign debt acknowledgements so high in a time my father could not even afford it being unemployed, almost pressuring him signing it or face eviction. Then later on when my father did become employed again for a while, he was suffering a income much lower than what he used to have pre-covid. Covid also caused many economic upset, and causing prices to go up almost on a global scale, higher inflation rates. So then later my father retired, in this 4 year basis since the debt, two years ago retired from his own company, and I became the new ceo. It was then, even when my father told him at time of a court proceeding, that he is retiring, that he started retaliating. He, at the time we were about to move, made a liquidation attempt against the company, which he lost. this had to do with something called locus standi among others. He then came back and tried to bankrupt my father, my father had no legal representation due to financials, and the case stopped. Then recently he again has my father as first respondent and my company which he tried previously to liquidate as second respondent again. What is he trying to do. And how can I stop him. I have proof that the debt it not with me also. I have a recording of their wording saying the debt is with my father alone. Given he filed a notice of motion, and we responded with a notice to oppose. Can I contact a president at the judiciary at the same time preparing my affidavit informing them of this creditor, to have this dismissed or stopped. And if I may not, why?
Hi ****,
Thank you for providing the details. Understanding your location will help in providing accurate legal information. Could you please tell me where you are located?
To address your situation:
*. **Understand the Creditor's Intent:** The creditor appears to be trying to enforce the debt through legal means, possibly aiming to declare your father bankrupt.
*. **Court Proceedings:** Since you have filed a notice to oppose, you need to prepare a strong affidavit with supporting evidence showing the debt is your father's alone.
*. **Judiciary Contact:** Directly contacting a president at the judiciary is generally not advisable or permissible. Courts follow procedural rules, and communications should be through formal filings.
Would you like details on legal aid services in your area?
Thank you for providing the details. Understanding your location will help in providing accurate legal information. Could you please tell me where you are located?
To address your situation:
*. **Understand the Creditor's Intent:** The creditor appears to be trying to enforce the debt through legal means, possibly aiming to declare your father bankrupt.
*. **Court Proceedings:** Since you have filed a notice to oppose, you need to prepare a strong affidavit with supporting evidence showing the debt is your father's alone.
*. **Judiciary Contact:** Directly contacting a president at the judiciary is generally not advisable or permissible. Courts follow procedural rules, and communications should be through formal filings.
Would you like details on legal aid services in your area?
South Africa
Hi ****,
Thank you for the detailed information. Here are some general points to consider regarding your father's situation in South Africa:
- **Notice of Motion and Notice to Oppose**: Since you've filed a notice to oppose, you'll need to prepare an affidavit outlining your defense.
- **Affidavit**: Include evidence such as the recording showing the debt is solely your father's.
- **Judiciary Contact**: Contacting the president of the judiciary directly is not typically allowed. Follow the court's procedure for submitting your affidavit.
For further assistance, consider seeking legal advice specific to South Africa.
Is there anything more specific you would like to know or any other details you need help with?
Thank you for the detailed information. Here are some general points to consider regarding your father's situation in South Africa:
- **Notice of Motion and Notice to Oppose**: Since you've filed a notice to oppose, you'll need to prepare an affidavit outlining your defense.
- **Affidavit**: Include evidence such as the recording showing the debt is solely your father's.
- **Judiciary Contact**: Contacting the president of the judiciary directly is not typically allowed. Follow the court's procedure for submitting your affidavit.
For further assistance, consider seeking legal advice specific to South Africa.
Is there anything more specific you would like to know or any other details you need help with?
What would happen if I would contact the judiciary directly?
Hi ****,
Typically, contacting the president of the judiciary directly is not allowed. Instead, follow the court's procedure for submitting documents. If you bypass these procedures, your request may be disregarded and could negatively impact your case. Ensure all communications are within legal protocols.
Would you like more information on preparing your affidavit or other legal procedures in South Africa?
Typically, contacting the president of the judiciary directly is not allowed. Instead, follow the court's procedure for submitting documents. If you bypass these procedures, your request may be disregarded and could negatively impact your case. Ensure all communications are within legal protocols.
Would you like more information on preparing your affidavit or other legal procedures in South Africa?
Yes but is it not argued that there is no legal basis to come back for my company again? I dont have the capacity to defend this. Probono help is not available for companies in my country I understand? For individuals yes. There is no legal basis for him to keep persuing my company, also especially since he lost it prior and also since it appears to be a waste and abuse of legal system, not so?
Hi ****,
It sounds like a complex situation. Here are some general points:
- **Legal Basis**: If the creditor has no legal basis and has lost previous cases, you can raise this in your affidavit.
- **Abuse of Process**: You may argue that repeated filings constitute an abuse of the legal system.
- **Pro Bono**: In South Africa, pro bono services are generally for individuals, not companies.
Would you like more information on specific defenses or legal procedures in South Africa?
It sounds like a complex situation. Here are some general points:
- **Legal Basis**: If the creditor has no legal basis and has lost previous cases, you can raise this in your affidavit.
- **Abuse of Process**: You may argue that repeated filings constitute an abuse of the legal system.
- **Pro Bono**: In South Africa, pro bono services are generally for individuals, not companies.
Would you like more information on specific defenses or legal procedures in South Africa?
What will happen if I cannot secure legal assistance for my company, pro bono help, I cannot afford this?
Hi ****,
If you cannot secure legal assistance for your company and cannot afford it, here are some potential outcomes:
- **Default Judgment**: Without proper representation, the court may rule in favor of the creditor by default.
- **Self-Representation**: You may need to represent your company yourself, which can be challenging without legal expertise.
- **Court's Decision**: The court may still consider the merits of your affidavit and evidence.
Would you like more details on self-representation or preparing your affidavit in South Africa?
If you cannot secure legal assistance for your company and cannot afford it, here are some potential outcomes:
- **Default Judgment**: Without proper representation, the court may rule in favor of the creditor by default.
- **Self-Representation**: You may need to represent your company yourself, which can be challenging without legal expertise.
- **Court's Decision**: The court may still consider the merits of your affidavit and evidence.
Would you like more details on self-representation or preparing your affidavit in South Africa?
So given this why can I not go to the judiciary asking them what to do?
Hi ****,
In South Africa, the judiciary is impartial and cannot provide legal advice or guidance on how to handle your case. They are there to adjudicate based on the evidence and arguments presented. Bypassing standard procedures to seek guidance directly could be seen as inappropriate and may not be entertained.
Would you like more details on self-representation or preparing your affidavit in South Africa?
In South Africa, the judiciary is impartial and cannot provide legal advice or guidance on how to handle your case. They are there to adjudicate based on the evidence and arguments presented. Bypassing standard procedures to seek guidance directly could be seen as inappropriate and may not be entertained.
Would you like more details on self-representation or preparing your affidavit in South Africa?
When this creditor was inside the house back then, challenging my father with his attorney to sign the debt acknowledgement, I was present to hear what they had to say to him, and left a recording device there. Can I use this since it is crucial providing evidence the debt it not with me?
Hi ****,
In South Africa, the legality of using a recording as evidence depends on several factors:
- **Consent**: If the parties involved did not consent to being recorded, the recording may be inadmissible in court.
- **Relevance**: The recording must be directly relevant to the case.
Consult a local attorney to confirm its admissibility.
Would you like more information on preparing your affidavit?
In South Africa, the legality of using a recording as evidence depends on several factors:
- **Consent**: If the parties involved did not consent to being recorded, the recording may be inadmissible in court.
- **Relevance**: The recording must be directly relevant to the case.
Consult a local attorney to confirm its admissibility.
Would you like more information on preparing your affidavit?
It is relevant to the case. Can my father`s probono attorney assist getting this case dismissed against the second respondent?
Hi ****,
Your father's pro bono attorney may be able to assist with getting the case dismissed against the second respondent (your company). Here are some points to consider:
- **Legal Representation**: While pro bono services are typically for individuals, the attorney might provide guidance or support in preparing your defense.
- **Evidence Submission**: Ensure all relevant evidence, including recordings, is submitted properly.
Would you like more information on how to prepare your affidavit?
Your father's pro bono attorney may be able to assist with getting the case dismissed against the second respondent (your company). Here are some points to consider:
- **Legal Representation**: While pro bono services are typically for individuals, the attorney might provide guidance or support in preparing your defense.
- **Evidence Submission**: Ensure all relevant evidence, including recordings, is submitted properly.
Would you like more information on how to prepare your affidavit?
what does it mean when a case lacks locus standi
Hi ****,
In legal terms, "locus standi" refers to the right or capacity to bring an action or to appear in court. If a case lacks locus standi, it means the party bringing the action does not have the legal standing to do so. This could be because:
- They are not directly affected by the issue.
- They do not have a sufficient interest in the matter.
This can be grounds for dismissing the case.
Would you like more information on how to argue lack of locus standi in your affidavit?
In legal terms, "locus standi" refers to the right or capacity to bring an action or to appear in court. If a case lacks locus standi, it means the party bringing the action does not have the legal standing to do so. This could be because:
- They are not directly affected by the issue.
- They do not have a sufficient interest in the matter.
This can be grounds for dismissing the case.
Would you like more information on how to argue lack of locus standi in your affidavit?
So this is what it is. It was argued in the case where he lost against my company he was trying to liquidate.
Hi ****,
Thank you for providing more context. Here are some points to consider regarding your situation:
- **Previous Case**: If it was already argued and determined that the creditor lacks locus standi, that can be a strong point in your defense.
- **Affidavit**: Clearly outline in your affidavit that the creditor lacks the legal standing to pursue the case against your company again.
- **Evidence**: Include any relevant evidence from the previous case and the recording if admissible.
Would you like more detailed guidance on drafting your affidavit or other aspects of your case in South Africa?
Thank you for providing more context. Here are some points to consider regarding your situation:
- **Previous Case**: If it was already argued and determined that the creditor lacks locus standi, that can be a strong point in your defense.
- **Affidavit**: Clearly outline in your affidavit that the creditor lacks the legal standing to pursue the case against your company again.
- **Evidence**: Include any relevant evidence from the previous case and the recording if admissible.
Would you like more detailed guidance on drafting your affidavit or other aspects of your case in South Africa?
He failed to mention in his latest application that he lost such a case against the same respondent he is again persuing, why?
Hi ****,
It's difficult to speculate why the creditor failed to mention the prior loss in his latest application. Here are some possible reasons:
- **Strategic Omission**: He might be trying to avoid highlighting past failures.
- **Overlooked**: It could be an oversight.
- **Different Legal Grounds**: He might believe this case has different legal grounds.
Would you like more information on how to emphasize this omission in your affidavit?
It's difficult to speculate why the creditor failed to mention the prior loss in his latest application. Here are some possible reasons:
- **Strategic Omission**: He might be trying to avoid highlighting past failures.
- **Overlooked**: It could be an oversight.
- **Different Legal Grounds**: He might believe this case has different legal grounds.
Would you like more information on how to emphasize this omission in your affidavit?
- **Different Legal Grounds**: He might believe this case has different legal grounds. Meaning?
Hi ****,
When it is said that the creditor might believe the case has different legal grounds, it means:
- **New Claims**: The creditor may be presenting new claims or reasons that were not part of the previous case.
- **Changed Circumstances**: Changes in facts or circumstances since the last case might provide a new basis for the claim.
- **Different Legal Arguments**: The creditor might be using different legal theories or interpretations to support his case.
Would you like more information on how to address this in your affidavit?
When it is said that the creditor might believe the case has different legal grounds, it means:
- **New Claims**: The creditor may be presenting new claims or reasons that were not part of the previous case.
- **Changed Circumstances**: Changes in facts or circumstances since the last case might provide a new basis for the claim.
- **Different Legal Arguments**: The creditor might be using different legal theories or interpretations to support his case.
Would you like more information on how to address this in your affidavit?
- **Different Legal Arguments**: The creditor might be using different legal theories or interpretations to support his case. Is he trying to imply piercing the corporate veil?
Hi ****,
Piercing the corporate veil is when a court disregards the company's separate legal entity status to hold its shareholders or directors personally liable for the company's actions or debts. Here are some general points:
- **Evidence**: Gather evidence showing clear separation between your personal and company finances.
- **Defense**: Argue that there's no basis for piercing the corporate veil in your affidavit.
Would you like more information on how to prepare your affidavit to address this?
Piercing the corporate veil is when a court disregards the company's separate legal entity status to hold its shareholders or directors personally liable for the company's actions or debts. Here are some general points:
- **Evidence**: Gather evidence showing clear separation between your personal and company finances.
- **Defense**: Argue that there's no basis for piercing the corporate veil in your affidavit.
Would you like more information on how to prepare your affidavit to address this?
I have evidence also that the debt is not with me.
Hi ****,
Thank you for sharing that information. Here are some steps you can consider:
- **Affidavit**: Clearly state in your affidavit that the debt is solely your father's, with evidence including the recording.
- **Corporate Veil**: Argue against piercing the corporate veil by showing separation between personal and company finances.
- **Lack of Locus Standi**: Highlight the creditor's lack of legal standing and previous case loss.
Would you like more detailed guidance on drafting specific sections of your affidavit?
Thank you for sharing that information. Here are some steps you can consider:
- **Affidavit**: Clearly state in your affidavit that the debt is solely your father's, with evidence including the recording.
- **Corporate Veil**: Argue against piercing the corporate veil by showing separation between personal and company finances.
- **Lack of Locus Standi**: Highlight the creditor's lack of legal standing and previous case loss.
Would you like more detailed guidance on drafting specific sections of your affidavit?
If the court by some argument then grants him a order piercing the corporate veil what would this look like for us, me and my father?
Hi ****,
If the court grants an order piercing the corporate veil, the implications could include:
- **Personal Liability**: Both you and your father could be held personally liable for the company's debts.
- **Asset Risk**: Personal assets might be at risk for satisfying the company's obligations.
- **Credit Impact**: Your personal credit ratings could be negatively affected.
Would you like more information on how to strengthen your defense against this possibility?
If the court grants an order piercing the corporate veil, the implications could include:
- **Personal Liability**: Both you and your father could be held personally liable for the company's debts.
- **Asset Risk**: Personal assets might be at risk for satisfying the company's obligations.
- **Credit Impact**: Your personal credit ratings could be negatively affected.
Would you like more information on how to strengthen your defense against this possibility?
What if I have no assets or my assets dont satisfy company obligations. What company obligations by the way?
Hi ****,
Thank you for your patience. Here are some general points regarding your situation in South Africa:
Thank you for your patience. Here are some general points regarding your situation in South Africa:
Company Obligations
- **Debts**: Any outstanding loans or credit lines taken out by the company.
- **Contracts**: Unfulfilled contractual obligations.
- **Taxes**: Unpaid taxes owed to the government.
- **Employee Wages**: Any unpaid wages or benefits owed to employees.
- **Debts**: Any outstanding loans or credit lines taken out by the company.
- **Contracts**: Unfulfilled contractual obligations.
- **Taxes**: Unpaid taxes owed to the government.
- **Employee Wages**: Any unpaid wages or benefits owed to employees.
If You Have No Assets
- **Personal Liability**: If the court pierces the corporate veil, you and your father could still be personally liable even if you lack assets.
- **Debt Collection**: Creditors may attempt to collect any income or future assets.
Would you like more information on how to draft your affidavit or any other legal procedure in South Africa?
- **Personal Liability**: If the court pierces the corporate veil, you and your father could still be personally liable even if you lack assets.
- **Debt Collection**: Creditors may attempt to collect any income or future assets.
Would you like more information on how to draft your affidavit or any other legal procedure in South Africa?
- **Debt Collection**: Creditors may attempt to collect any income or future assets. How, as he has no locus standi to bring this case against the company? He thinks the company owes him, the company owes him nothing. Also the same for me, I have not signed for any debt and have a recording to prove this rental arrears debt is with my father and not me or the company.
Hi ****,
Here are some points to consider for your affidavit:
- **Locus Standi**: Emphasize that the creditor has no legal standing to bring the case against the company or you, as the debt is solely with your father.
- **Evidence**: Include the recording and any other evidence showing the debt is not associated with you or the company.
- **Past Case Loss**: Highlight that the creditor previously lost a similar case against the company, which should preclude further claims.
Would you like more detailed guidance on structuring your affidavit?
Here are some points to consider for your affidavit:
- **Locus Standi**: Emphasize that the creditor has no legal standing to bring the case against the company or you, as the debt is solely with your father.
- **Evidence**: Include the recording and any other evidence showing the debt is not associated with you or the company.
- **Past Case Loss**: Highlight that the creditor previously lost a similar case against the company, which should preclude further claims.
Would you like more detailed guidance on structuring your affidavit?
Since he still thinks there is a link between the company and my father, is it still needed from my side to get a representative in high court for the company, since he is also trying to prove a link still between my father and the company, given my father can get probono help whereas I cannot. The case can surely not proceed when he has representation, and I dont, and while they are actually trying to involve him proving some link still to the company. Isnt that so?
Hi ****,
Here are some points to consider:
- **Representation**: It is advisable to have legal representation in the High Court for your company, even if the creditor is trying to link it to your father.
- **Pro Bono**: While pro bono help is generally for individuals, your father's attorney might offer some guidance.
- **Proceeding**: The case can proceed even if only one party has representation, so it's crucial to prepare your defense thoroughly.
Would you like more detailed guidance on self-representation or preparing your affidavit?
Here are some points to consider:
- **Representation**: It is advisable to have legal representation in the High Court for your company, even if the creditor is trying to link it to your father.
- **Pro Bono**: While pro bono help is generally for individuals, your father's attorney might offer some guidance.
- **Proceeding**: The case can proceed even if only one party has representation, so it's crucial to prepare your defense thoroughly.
Would you like more detailed guidance on self-representation or preparing your affidavit?
If my father also dont have representation? Surely I need to pay the legal bill to get my company representation. I cannot surely show company statements for the affordability since the company is supposed to pay me a salary, which it cannot mostly at times. This is especially true for the piercing the corporate veil? Or does this expense come directly out of the account of the company? There is not even locus standi to bring it, so why must the company also pay this legal expense?
Hi ****,
Here are some points to consider regarding your situation:
- **Legal Expenses**: Typically, the company's legal expenses should come from the company's funds, not your personal finances.
- **Affordability**: If the company cannot afford representation, you may need to represent it yourself.
- **Locus Standi**: Emphasize in your affidavit that the creditor has no legal standing to bring the case against the company.
Would you like more detailed guidance on self-representation or drafting your affidavit?
Here are some points to consider regarding your situation:
- **Legal Expenses**: Typically, the company's legal expenses should come from the company's funds, not your personal finances.
- **Affordability**: If the company cannot afford representation, you may need to represent it yourself.
- **Locus Standi**: Emphasize in your affidavit that the creditor has no legal standing to bring the case against the company.
Would you like more detailed guidance on self-representation or drafting your affidavit?
What happens if we both dont get representation, probono or not?
Hi ****,
If neither you nor your father can secure legal representation, here are some potential outcomes:
- **Self-Representation**: You will both need to represent yourselves in court, which can be challenging without legal expertise.
- **Default Judgment**: If you cannot adequately defend your case, the court may rule in favor of the creditor by default.
- **Evidence Consideration**: The court will still consider the evidence you present, including your affidavits and recordings.
Would you like more detailed guidance on self-representation or preparing your affidavit in South Africa?
If neither you nor your father can secure legal representation, here are some potential outcomes:
- **Self-Representation**: You will both need to represent yourselves in court, which can be challenging without legal expertise.
- **Default Judgment**: If you cannot adequately defend your case, the court may rule in favor of the creditor by default.
- **Evidence Consideration**: The court will still consider the evidence you present, including your affidavits and recordings.
Would you like more detailed guidance on self-representation or preparing your affidavit in South Africa?
What happens if he brings back the bankrupt case against my father after this, and my father cannot afford legal representation, getting probono assistance, qualifies for it, but the legal representative is not allocated in time. What happens in such cases?
Hi ****,
If your father cannot secure legal representation in time for a bankruptcy case, here are some potential outcomes:
- **Self-Representation**: Your father may need to represent himself, which can be challenging without legal expertise.
- **Postponement Request**: He can request the court to postpone the hearing until he secures representation.
- **Court's Decision**: The court may proceed based on the available evidence and arguments, potentially ruling in favor of the creditor if your father cannot adequately defend himself.
Would you like more detailed guidance on how to request a postponement or prepare for self-representation?
If your father cannot secure legal representation in time for a bankruptcy case, here are some potential outcomes:
- **Self-Representation**: Your father may need to represent himself, which can be challenging without legal expertise.
- **Postponement Request**: He can request the court to postpone the hearing until he secures representation.
- **Court's Decision**: The court may proceed based on the available evidence and arguments, potentially ruling in favor of the creditor if your father cannot adequately defend himself.
Would you like more detailed guidance on how to request a postponement or prepare for self-representation?
Okay so here is my problem with your responses. See in South Africa, with my father`s case, he could not secure a legal presentation in time, his pro bono attorney, and they had to delay it each time SINCE HE HAS THE RIGHT TO LEGAL REPRESENTATION. But here here you argue that given both me and my father cannot secure legal representation, him with his probono help not being available, and me not affording it, you argue the case goes forward without postponement?
Hi ****,
I understand your concern. Here are some points to clarify:
- **Right to Legal Representation**: Your father has the right to legal representation, and he can request a postponement if he cannot secure it in time.
- **Postponement**: The court typically grants postponements if one party cannot secure representation, especially in complex cases.
- **Procedures**: Ensure to formally request a postponement through the court, citing the unavailability of legal representation.
Would you like more detailed guidance on how to request a postponement in South Africa?
I understand your concern. Here are some points to clarify:
- **Right to Legal Representation**: Your father has the right to legal representation, and he can request a postponement if he cannot secure it in time.
- **Postponement**: The court typically grants postponements if one party cannot secure representation, especially in complex cases.
- **Procedures**: Ensure to formally request a postponement through the court, citing the unavailability of legal representation.
Would you like more detailed guidance on how to request a postponement in South Africa?
So given he cannot secure and has a right to legal representation, he is first respondent, and I cannot, how can the case go forward? Surely there must a postponement!?
Hi ****,
You're correct that the right to legal representation is fundamental. Here are some points to consider:
- **Postponement Request**: Both you and your father can formally request a postponement due to the lack of legal representation.
- **Court's Consideration**: Courts usually consider such requests, especially if one party cannot afford representation or if pro bono help is not yet available.
- **Joint Request**: You and your father can make a joint request for postponement, emphasizing the right to fair representation.
Would you like guidance on drafting a request for postponement?
You're correct that the right to legal representation is fundamental. Here are some points to consider:
- **Postponement Request**: Both you and your father can formally request a postponement due to the lack of legal representation.
- **Court's Consideration**: Courts usually consider such requests, especially if one party cannot afford representation or if pro bono help is not yet available.
- **Joint Request**: You and your father can make a joint request for postponement, emphasizing the right to fair representation.
Would you like guidance on drafting a request for postponement?
How do we make a joint request?
Hi ****,
To make a joint request for postponement due to lack of legal representation, follow these steps:
*. **Draft a Formal Letter**: Address it to the court handling your case.
*. **Include Key Details**:
- Case number and parties involved.
- Explanation of why the postponement is needed (lack of legal representation).
- Emphasize the right to fair representation.
- Mention past attempts to secure representation and any ongoing efforts.
*. **Signatures**: Both you and your father should sign the letter.
Here’s a basic template to help you:
---
[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Judge's Name]
[Name of the Court]
[Address of the Court]
[City, Postal Code]
**Subject: Joint Request for Postponement - Case [Case Number]**
Dear [Judge's Name],
We are writing to formally request a postponement of the hearing scheduled for [hearing date] in the case referenced above.
As the first and second respondents, respectively, we have been unable to secure legal representation in time for the hearing. My father,
To make a joint request for postponement due to lack of legal representation, follow these steps:
*. **Draft a Formal Letter**: Address it to the court handling your case.
*. **Include Key Details**:
- Case number and parties involved.
- Explanation of why the postponement is needed (lack of legal representation).
- Emphasize the right to fair representation.
- Mention past attempts to secure representation and any ongoing efforts.
*. **Signatures**: Both you and your father should sign the letter.
Here’s a basic template to help you:
---
[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Judge's Name]
[Name of the Court]
[Address of the Court]
[City, Postal Code]
**Subject: Joint Request for Postponement - Case [Case Number]**
Dear [Judge's Name],
We are writing to formally request a postponement of the hearing scheduled for [hearing date] in the case referenced above.
As the first and second respondents, respectively, we have been unable to secure legal representation in time for the hearing. My father,
if the business can hardly afford paying me a salary,how can it even afford this case?how to defend this?
Hi ****,
Here are some points to consider if your business can hardly afford to pay your salary and is struggling with legal costs:
- **Financial Evidence**: Provide evidence showing the company's financial difficulties, such as bank statements and financial reports.
- **Affidavit**: Clearly state in your affidavit that the company cannot afford legal representation and outline the financial constraints.
- **Postponement Request**: Request a postponement citing the financial inability to secure representation.
Would you like more detailed guidance on how to present this information in your affidavit?
Here are some points to consider if your business can hardly afford to pay your salary and is struggling with legal costs:
- **Financial Evidence**: Provide evidence showing the company's financial difficulties, such as bank statements and financial reports.
- **Affidavit**: Clearly state in your affidavit that the company cannot afford legal representation and outline the financial constraints.
- **Postponement Request**: Request a postponement citing the financial inability to secure representation.
Would you like more detailed guidance on how to present this information in your affidavit?
can I attach the post covid impact, and also that our company did not get any assistance or government aid throughout the pandemic? also figures showing that stats sa can provide given economic turmoil since covid, rising prices etc?
Hi ****,
Yes, you can include the post-COVID impact and the lack of government assistance in your affidavit. Here are some steps to follow:
- **Post-COVID Impact**: Detail how the pandemic affected your company's financial health.
- **Lack of Assistance**: Explain that your company did not receive any government aid.
- **Economic Data**: Attach figures from Stats SA showing economic turmoil, rising prices, and higher inflation rates.
Would you like more detailed guidance on drafting this section of your affidavit?
Yes, you can include the post-COVID impact and the lack of government assistance in your affidavit. Here are some steps to follow:
- **Post-COVID Impact**: Detail how the pandemic affected your company's financial health.
- **Lack of Assistance**: Explain that your company did not receive any government aid.
- **Economic Data**: Attach figures from Stats SA showing economic turmoil, rising prices, and higher inflation rates.
Would you like more detailed guidance on drafting this section of your affidavit?
How do we make a joint request? This is for postponement purposes in the case of not securing legal representation which we have the right to. Even if the company is not a person, I am, and my rights as a individual is to also acquire representation, even if its for a entity like the company, as the company cannot speak for himself, and I dont have the same legal arguments a trained qualified attorney has.
Hi ****,
To make a joint request for postponement due to lack of legal representation, follow these steps:
To make a joint request for postponement due to lack of legal representation, follow these steps:
Steps for Drafting a Joint Request for Postponement
*. **Draft a Formal Letter**: Address it to the court handling your case.
*. **Include Key Details**:
- **Case Number and Parties**: Clearly state the case number and the names of all parties involved.
- **Explanation**: Detail why the postponement is needed, emphasizing the lack of legal representation and your right to fair representation.
- **Efforts to Secure Representation**: Mention any attempts made to secure legal representation and the current status.
- **Financial Constraints**: If relevant, include information about the company's financial inability to afford legal representation.
*. **Signatures**: Ensure both you and your father sign the letter.
*. **Draft a Formal Letter**: Address it to the court handling your case.
*. **Include Key Details**:
- **Case Number and Parties**: Clearly state the case number and the names of all parties involved.
- **Explanation**: Detail why the postponement is needed, emphasizing the lack of legal representation and your right to fair representation.
- **Efforts to Secure Representation**: Mention any attempts made to secure legal representation and the current status.
- **Financial Constraints**: If relevant, include information about the company's financial inability to afford legal representation.
*. **Signatures**: Ensure both you and your father sign the letter.
Template for Joint Request for Postponement
---
[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Judge's Name]
[Name of the Court]
[Address of the Court]
[City, Postal Code]
**Subject: Joint Request for Postponement - Case [Case Number]**
---
[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Judge's Name]
[Name of the Court]
[Address of the Court]
[City, Postal Code]
**Subject: Joint Request for Postponement - Case [Case Number]**
do you agree with my viewpoint on this?
Hi ****,
Thank you for sharing your detailed viewpoint. Here are some key points to consider:
- **Right to Representation**: You and your father indeed have the right to legal representation. Requesting a postponement due to the lack of representation is a valid approach.
- **Financial Constraints**: Highlighting financial difficulties and the impact of COVID-* on your company's ability to secure representation is crucial.
- **Joint Request**: Making a joint request for postponement is a sound strategy, given your shared interest in the case.
Would you like more detailed guidance on drafting the joint request letter or any other specific points?
Thank you for sharing your detailed viewpoint. Here are some key points to consider:
- **Right to Representation**: You and your father indeed have the right to legal representation. Requesting a postponement due to the lack of representation is a valid approach.
- **Financial Constraints**: Highlighting financial difficulties and the impact of COVID-* on your company's ability to secure representation is crucial.
- **Joint Request**: Making a joint request for postponement is a sound strategy, given your shared interest in the case.
Would you like more detailed guidance on drafting the joint request letter or any other specific points?
so this postponement, joint request. If I draft this letter, will it be valid and legal for South Africa. I hand this in by the registrar of the court before the court date that was announced?
Hi ****,
Yes, drafting a joint request letter for postponement due to lack of legal representation is a valid and legal approach in South Africa. Here’s what you need to do:
- **Draft the Letter**: Include all necessary details as previously outlined.
- **Signatures**: Ensure both you and your father sign the letter.
- **Submit to Registrar**: Hand in the letter to the registrar of the court before the court date.
Would you like a final review of your draft letter?
Yes, drafting a joint request letter for postponement due to lack of legal representation is a valid and legal approach in South Africa. Here’s what you need to do:
- **Draft the Letter**: Include all necessary details as previously outlined.
- **Signatures**: Ensure both you and your father sign the letter.
- **Submit to Registrar**: Hand in the letter to the registrar of the court before the court date.
Would you like a final review of your draft letter?
So they cannot refuse this?
Hi ****,
Courts generally consider requests for postponements, especially when it's due to the lack of legal representation and financial constraints. However, the final decision is at the court's discretion. Here are some points to ensure your request is strong:
- **Clear Explanation**: Explain thoroughly why you need a postponement.
- **Evidence**: Attach any relevant financial documents and proof of attempts to secure representation.
- **Timely Submission**: Hand in your letter well before the court date.
Would you like assistance with any specific part of your draft letter?
Courts generally consider requests for postponements, especially when it's due to the lack of legal representation and financial constraints. However, the final decision is at the court's discretion. Here are some points to ensure your request is strong:
- **Clear Explanation**: Explain thoroughly why you need a postponement.
- **Evidence**: Attach any relevant financial documents and proof of attempts to secure representation.
- **Timely Submission**: Hand in your letter well before the court date.
Would you like assistance with any specific part of your draft letter?
Yes, but what if the creditor`s attorneys gets their hands on the company`s statements? This is what they asked for in their application, and they have no right to it since the case is with my father and not the company.
Hi ****,
Here are some general points to consider regarding the creditor's attorneys requesting your company's statements in South Africa:
- **Relevance**: If the debt is solely with your father, the company's financial statements may be irrelevant to the case.
- **Objection**: You can object to the request on the grounds that the information is not pertinent to the case.
- **Confidentiality**: Highlight the confidentiality of the company's financial data and argue that disclosing it would be inappropriate.
Would you like more information on how to formally object to this request in your affidavit?
Here are some general points to consider regarding the creditor's attorneys requesting your company's statements in South Africa:
- **Relevance**: If the debt is solely with your father, the company's financial statements may be irrelevant to the case.
- **Objection**: You can object to the request on the grounds that the information is not pertinent to the case.
- **Confidentiality**: Highlight the confidentiality of the company's financial data and argue that disclosing it would be inappropriate.
Would you like more information on how to formally object to this request in your affidavit?
So the evidence for the postponement case. Can I leave out the bank statements of the company?
Hi ****,
Here are some points to consider regarding your question about leaving out the company's bank statements for the postponement case:
- **Relevance**: If the debt is solely your father’s, the company's financial statements may not be relevant.
- **Confidentiality**: You can argue the confidentiality of the company's financial data.
- **Objection**: You can formally object to providing financial statements if they are not pertinent to the case.
Would you like guidance on how to draft an objection for your affidavit?
Here are some points to consider regarding your question about leaving out the company's bank statements for the postponement case:
- **Relevance**: If the debt is solely your father’s, the company's financial statements may not be relevant.
- **Confidentiality**: You can argue the confidentiality of the company's financial data.
- **Objection**: You can formally object to providing financial statements if they are not pertinent to the case.
Would you like guidance on how to draft an objection for your affidavit?
I was asking this for when I need to hand the letter to request postponement, whether I can then leave out the bank statements to prove the company`s inability to afford legal respresentation.
Hi ****,
When requesting a postponement due to the inability to secure legal representation, it's generally advisable to demonstrate financial constraints. However, you can handle the confidentiality of the company's financial statements as follows:
- **General Financial Summary**: Instead of detailed bank statements, provide a summary of the company’s financial situation, highlighting the inability to afford legal representation.
- **Confidentiality**: Mention the sensitivity and confidentiality of the detailed financial documents.
- **Alternative Evidence**: Use other evidence such as affidavits, expense reports, or economic impact statements to support your claim.
Would you like a template for the postponement request letter or help drafting the financial summary?
When requesting a postponement due to the inability to secure legal representation, it's generally advisable to demonstrate financial constraints. However, you can handle the confidentiality of the company's financial statements as follows:
- **General Financial Summary**: Instead of detailed bank statements, provide a summary of the company’s financial situation, highlighting the inability to afford legal representation.
- **Confidentiality**: Mention the sensitivity and confidentiality of the detailed financial documents.
- **Alternative Evidence**: Use other evidence such as affidavits, expense reports, or economic impact statements to support your claim.
Would you like a template for the postponement request letter or help drafting the financial summary?
where can I try to get on behalf of my father something like crowdfunding, which websites can I try, and how do I make the case for my father, this has to stop. My father doesnt have the capacity to pay this person the rental arrears, and also dont know how to ask this onto such platforms, and as you know I myself dont owe this creditor, but will need to ask on there for financial assistance of some kind.
Hi ****,
Here are some general points to consider for crowdfunding on behalf of your father:
Here are some general points to consider for crowdfunding on behalf of your father:
Crowdfunding Websites
- **GoFundMe**: Popular for personal causes.
- **BackaBuddy**: Based in South Africa, suitable for personal and community-oriented fundraising.
- **JustGiving**: Another global platform for personal and charitable causes.
- **GoFundMe**: Popular for personal causes.
- **BackaBuddy**: Based in South Africa, suitable for personal and community-oriented fundraising.
- **JustGiving**: Another global platform for personal and charitable causes.
Making the Case for Your Father
*. **Title and Description**:
- Clearly state the purpose, like "Help My Father with Rental Arrears Due to COVID-* Impact".
- Include a detailed description of your father's situation, the financial burden, and any relevant background.
*. **Evidence and Storytelling**:
- Share your father’s story with empathy and detail.
- Include any evidence of the financial struggles, such as the impact of COVID-*, unemployment, and rising costs.
*. **Transparency**:
- Be transparent about the amount needed and how the funds will be used.
- Provide updates to donors about the progress and use of funds.
*. **Visuals**:
- Add photos or videos to create a personal connection with potential donors.
*. **Promotion**:
- Share the fundraising campaign on social media and with friends and family to
*. **Title and Description**:
- Clearly state the purpose, like "Help My Father with Rental Arrears Due to COVID-* Impact".
- Include a detailed description of your father's situation, the financial burden, and any relevant background.
*. **Evidence and Storytelling**:
- Share your father’s story with empathy and detail.
- Include any evidence of the financial struggles, such as the impact of COVID-*, unemployment, and rising costs.
*. **Transparency**:
- Be transparent about the amount needed and how the funds will be used.
- Provide updates to donors about the progress and use of funds.
*. **Visuals**:
- Add photos or videos to create a personal connection with potential donors.
*. **Promotion**:
- Share the fundraising campaign on social media and with friends and family to
what can this creditor do if he finds out about this?
Hi ****,
If the creditor finds out about the crowdfunding efforts, here are some general points to consider:
- **Legal Action**: The creditor might scrutinize the campaign to ensure that funds raised are being used appropriately.
- **Transparency**: Ensure the crowdfunding campaign clearly states the purpose and use of funds to avoid any potential legal issues.
- **Court Consideration**: The court could consider the crowdfunding effort as part of your attempts to resolve the debt, which may positively impact your case.
Would you like more detailed guidance on setting up a crowdfunding campaign or any other legal procedures in South Africa?
If the creditor finds out about the crowdfunding efforts, here are some general points to consider:
- **Legal Action**: The creditor might scrutinize the campaign to ensure that funds raised are being used appropriately.
- **Transparency**: Ensure the crowdfunding campaign clearly states the purpose and use of funds to avoid any potential legal issues.
- **Court Consideration**: The court could consider the crowdfunding effort as part of your attempts to resolve the debt, which may positively impact your case.
Would you like more detailed guidance on setting up a crowdfunding campaign or any other legal procedures in South Africa?
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